Voluntary Strike-Off in Ireland

The voluntary strike-off in Ireland represents one of the legal ways through which a company can be shut down. The voluntary strike-off is one of the dissolution procedures available in Ireland which can be selected, provided that certain conditions are met, as described by the Section 731 of the Companies Act 2014. Our team of specialists in company formation in Ireland can assist investors who have registered a business in this country with in-depth advice on the steps that have to be followed during the voluntary strike-off. 

What are the main legal conditions for voluntary strike-off in Ireland? 

• • the company can provide relevant information to the Registrar that it no longer carries out trading activities (or that it never had any);
• • the company submitted the necessary form (Form H15), signed by all the company’s directors;
• • the company submitted its annual returns, as stated by the Section 343 of the Companies Act;
• • the Revenue Commissioners sent a written confirmation to the Registrar, in which it states that it does not object to the voluntary-strike off procedure;
• • the company wishing to start the voluntary strike-off places an advertisement in one of the country’s national newspapers, announcing its deletion from the local Registrar. 

What should an Irish company do prior to the voluntary strike-off? 

• • prepare the company’s annual accounts and annual returns (the latest versions of such documents have to be prepared prior to the voluntary strike-off);
• • prepare a director’s statement, which certifies the fact that the company never had business activities or it stopped trading, as it is the case;
• • draft the necessary documents which enforce the dissolution of the company (minutes of the board and the shareholders’ consent);
• • contact the Irish Revenue Commissioners, by sending a letter of no objection regarding the voluntary strike-off;
• • prepare the Form H15 and submit it with the Companies Registration Office (CRO). 

The procedure can only be started by companies that have a total amount of assets (or liabilities) of maximum EUR 150. This has to be evidenced by the company’s latest balance sheet. At the same time, the company is not allowed to enter into this type of dissolution procedure if it is involved in a litigation (pending or ongoing). 

What is the content of the Revenue Commissioners application? 

• • the company’s trading name and the company’s number issued by the CRO;
• • the company’s tax registration number and the cessation date of the company;
• • a proof that the applicant company does not have any liabilities;
• • in the case of companies that never traded, the company’s representatives should provide information on the fact that the Irish business never received income that should be taxed;
• • contact information - the company’s official address, a telephone number and the e-mail address.